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HomeMy WebLinkAboutPC Min 2010-05-05City of Seal Beach Planning Commission Agenda for May 5, 2010 City Council Chambers - 7:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning Commission, provided that the Planning Commission may undertake no action or discussion unless otherwise authorized by law. AGENDA APPROVAL By Motion of the Planning Commission, this is the time to notify the public of any changes to the Agenda, re- arrange the order of the Agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission or staff requests a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Meeting Minutes of April 21, 2010. 2. Minor Plan Review 10 -7 139-7 th Street Applicant /Owner: Michael & Jenny McLean Request: To add an uncovered outdoor deck over the garage of an existing, nonconforming duplex property. The property is nonconforming because it exceeds the density requirement, has a nonconforming front yard setback, and has a third story on a 25 -ft. wide lot, even though the third story does not exceed the 25 -ft. 0 -in. height limit. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -20. 1 City of Seal Beach Planning Commission • Agenda of May 5, 2010 SCHEDULED MATTERS 3. Adoption of Resolution 10 -23 honoring John Larson for his service to the City of Seal Beach as a Planning Commissioner and City Councilmember. PUBLIC HEARING 4. Conditional Use Permit 09 -4 (Indefinite Extension) 148 -E Main Street (Beach Fitness) Applicant /Owner: Bryce Turner & Barbara Bartee / Ken Trossen, LST Investments Request: Indefinite Extension of Conditional Use Permit 09 -4 allowing the expansion of the existing business into an adjacent lease space within the Main Street Specific Plan (MSSP) Zone. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -19. 5. Title 11: Zoning Code Citywide Applicant /Owner: City of Seal Beach Request: To recommend adoption of a comprehensive revision and update to the City Zoning Code. The comprehensive revision will replace the entire current Zoning Code, Chapter 28 of the Seal Beach Municipal Code, with a new Title 11, Zoning Code. The proposed Title 11, Zoning, does not change standards for basic lot size, density and building intensity, setback, lot coverage, height, parking, and sign regulations of the current Zoning Code. There are minor changes to allowable and discretionary land uses within the City, such as news stands, kiosks, artist's studios, catering services, and handicraft/custom manufacturing uses. New provisions related to a number of design related issues are proposed, such as porches, additional building stepbacks for structures more than 14 feet high, use of compatible material and design elements for building additions, and other design and aesthetic matters of concern to the City. In addition an "Administrative Use Permit" approval process is proposed which would allow the Director of Development Services to review and approve several types of discretionary land use FA City of Seal Beach Planning Commission • Agenda of May 5, 2010 approvals that are currently reviewed and approved by the Planning Commission. Document City of Seal Beach website, www.ci.sealbeach.ca.us Availability: Under the "Headlines" section click on "2010 Zoning Code Update" to review Negative Declaration 2010 -1, the complete proposed Title 11, Zoning Code, zoning maps, and other information documents regarding this important program. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -22. OTHER MATTERS 6. Planning Commission Training Session — Part II • Continued discussion of planning, zoning, and environmental issues. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT To scheduled meeting of May 19, 2010, at 7:30 P.M. 3 City of Seal Beach Planning Commission • Agenda of May 5, 2010 2010 Agenda Forecast May 19 Minor Plan Review 10 -8 - 1115'/ Seal Way Continued Public Hearing Title 11: Zoning Code Jun 09 Jun 23 Jul 07 Jul 21 Aug 04 Aug 18 Sep 08 Sep 22 Oct 06 Oct 20 Nov 03 Nov 17 Dec 08 Dec 22 4 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of May 5, 2010 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, May 5, 2010. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' ROLL CALL Present: Chairperson Deaton, Commissioners Bello, and Massa - Lavitt. Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Absent: None Mr. Persico reported that Commissioner Galbreath would be arriving to tonight's meeting between 8:00 - 8:30 p.m. ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Joyce Parque questioned why members of other ad hoc committees are not required to undergo the ethics training, and whether an appointee that is asked to resign can continue to serve on the committee. Mr. Flower clarified that tonight's training session relates to Land Use Law. He noted that the AB 1234 Ethics Training will take place on May 10, 2010, for City Council, the Planning Commission, and Staff members who must file Form 700, "Disclosure of Financial Interest." He noted that AB 1234 does not speak to who must attend this training. With regard to committee members who are asked to resign, Mr. Flower indicated that this action would require agreement of the full Council, otherwise the appointee would continue to serve for the extent of his or her term. Mr. Persico introduced the new Director of Public Works, Sean Crumby. There being no one else wishing to speak, Chairperson Deaton closed oral communications. These Minutes were transcribed from audiotape of the meeting. 1 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 AGENDA APPROVAL Chairperson Deaton requested that Item No. 2 be removed from the Consent Calendar for further discussion. MOTION by Massa - Lavitt; SECOND by Bello to approve the Agenda as amended. MOTION CARRIED: 3-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: Galbreath CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of April 21, 2010. MOTION by Bello; SECOND by Massa - Lavitt to approve the Consent Calendar as amended. MOTION CARRIED: 3-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: Galbreath 2. Minor Plan Review 10 -7 139-7 th Street Applicant /Owner: Michael & Jenny McLean Request: To add an uncovered outdoor deck over the garage of an existing, nonconforming duplex property. The property is nonconforming because it exceeds the density requirement, has a nonconforming front yard setback, and has a third story on a 25 -ft. wide lot, even though the third story does not exceed the 25 -ft. 0 -in. height limit. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -20. Staff Report Mr. Olivera delivered the staff report. He provided information on this item and indicated that Staff received a letter in opposition from an adjacent neighbor expressing concerns with potential noise. 2 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 Chairperson Deaton requested a motion to continue this item to a future date when the applicant could be present. MOTION by Bello; SECOND by Massa - Lavitt to continue Minor Plan Review 10 -7 to the Planning Commission meeting of May 19, 2010. MOTION CARRIED: 3-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: Galbreath SCHEDULED MATTERS 3. Adoption of Resolution 10 -23 honoring John Larson for his service to the City of Seal Beach as a Planning Commissioner and City Councilmember. MOTION by Massa - Lavitt; SECOND by Bello to adopt Resolution 10 -23 as presented. MOTION CARRIED: 3-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: Galbreath PUBLIC HEARINGS 4. Conditional Use Permit 09 -4 (Indefinite Extension) 148 -E Main Street (Beach Fitness) Applicant /Owner: Bryce Turner & Barbara Bartee / Ken Trossen, LST Investments Request: Indefinite Extension of Conditional Use Permit 09 -4 allowing the expansion of the existing business into an adjacent lease space within the Main Street Specific Plan (MSSP) Zone. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -19. Staff Report Mr. Olivera delivered the staff report. He provided information on this item and noted that in response to concerns from a nearby resident over parking and noise associated with Beach Fitness, Staff had imposed conditions on the initial approval of Conditional Use Permit 09 -4. Staff has included additional conditions to this application to help address ongoing concerns with noise and parking, and recommends approval of CUP 3 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 09 -4. Mr. Olivera noted that Staff has received twenty -three letters in support of this application. Public Hearing Chairperson Deaton opened the public hearing. Barbara Bartee, owner of Beach Fitness, requested approval of CUP 09 -4. Commissioner Bello inquired about the trainers "shouting" instructions while conducting training. Ms. Bartee stated that training does not take place outside and doors are always kept closed during business hours. The following individuals spoke in support of Conditional Use Permit 09 -4: Joseph Altspeli Jim Juno Karen Miller Darren Smith Seth Eaker There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Mr. Flower noted for the record that Commissioner Galbreath had arrived. Commissioner Comments None. Mr. Flower advised that due to his late arrival during this public hearing, Commissioner Galbreath should abstain from voting on this item. MOTION by Massa - Lavitt; SECOND by Bello to approve the Indefinite Extension of Conditional Use Permit 09 -4, subject to conditions, and adopt Resolution 10 -19 as presented. MOTION CARRIED: 3-0-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: None ABSTAIN: Galbreath Mr. Flower advised that the adoption of Resolution No. 10 -19 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 5. Title 11: Zoning Code Citywide Applicant /Owner: City of Seal Beach 4 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 Request: To recommend adoption of a comprehensive revision and update to the City Zoning Code. The comprehensive revision will replace the entire current Zoning Code, Chapter 28 of the Seal Beach Municipal Code, with a new Title 11, Zoning Code. The proposed Title 11, Zoning, does not change standards for basic lot size, density and building intensity, setback, lot coverage, height, parking, and sign regulations of the current Zoning Code. There are minor changes to allowable and discretionary land uses within the City, such as news stands, kiosks, artist's studios, catering services, and handicraft/custom manufacturing uses. New provisions related to a number of design related issues are proposed, such as porches, additional building stepbacks for structures more than 14 feet high, use of compatible material and design elements for building additions, and other design and aesthetic matters of concern to the City. In addition an "Administrative Use Permit" approval process is proposed which would allow the Director of Development Services to review and approve several types of discretionary land use approvals that are currently reviewed and approved by the Planning Commission. Document City of Seal Beach website, www.ci.sealbeach.ca.us Availability: Under the "Headlines" section click on "2010 Zoning Code Update" to review Negative Declaration 2010 -1, the complete proposed Title 11, Zoning Code, zoning maps, and other information documents regarding this important program. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -22. At 8:05 p.m. Chairperson Deaton requested a 5- minute recess. The meeting reconvened at 8:10 p.m. Staff Report Mr. Whittenberg delivered the staff report. He provided a brief presentation on the proposed revisions to the Title 11: Zoning Code and reviewed the comments received at the recently conducted community meetings and the joint City Council and Planning Commission meeting. 5 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 Commissioner Comments Chairperson Deaton asked if Attachment A is proposed for inclusion in Title 11: Zoning Code. Mr. Whittenberg stated that Attachment A provides guidelines for placement of A -Frame signs on private property. Mr. Persico indicated that Attachment A will not be codified and the guidelines are not specific to Main Street. Public Hearing Chairperson Deaton opened the public hearing. Seth Eaker congratulated Staff and all the stakeholders for the helping with the execution of this process. He then indicated that the business community is looking forward to participating with the proposed review of the Main Street Specific Plan (MSSP). He then referred to Page 24 of the Staff Report Item 23, Subsection a. and noted that A -Frame signs would be very useful for business that are set back further than 10 feet from the public right -of -way. He commented that the proposed A -Frame Guidelines would provide flexibility. Joyce Parque stated that notice should be provided to residents when wireless telecommunications towers are to be installed in their neighborhood. Mr. Flower stated that the City has the authority to regulate wireless telecommunications facilities on private property and the public right -of -way. Mr. Olivera noted that in the case of private property as long as the wireless facility complies with development standards for the zone, Staff has allowed the installation after having issued the appropriate building permits. Mr. Flower added that to the extent that these types of facilities comply with FCC standards, the City cannot regulate them with regard to radio emissions. Ms. Parque then recommended that newspaper racks be removed from Main Street. She then asked what the required open space would be on a 25 x 117 -ft. lot. Mr. Whittenberg reported that for the RHD -20 District the open space requirement would be 225 sq. ft., with a minimum 90 sq. ft. in a single area on the ground floor level. There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Chairperson Deaton stated that all wireless telecommunications facilities should be subject to a Conditional Use Permit. Commissioner Massa - Lavitt stated that when a facility is on the public right -of -way, the City should have complete discretion to approve or not approve. Mr. Whittenberg noted that these would be subject to an Administrative Use Permit with notice provided to residents within 300 feet of the facility, but if the Commission prefers all facilities could be made subject to a Conditional Use Permit. MOTION by Deaton; SECOND by Bello to amend the February 2010 Draft Title 11: Zoning to require a Conditional Use Permit for all wireless facilities. MOTION CARRIED: 4 — 0 — 0 6 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None Commissioner Massa - Lavitt then inquired about the requirement for approval of a Conditional Use Permit for a massage or spa use. Mr. Flower noted that this has been recommended to go along with the provisions for state licensing for massage uses. Commissioner Massa - Lavitt stated that for better visibility Main Street businesses located on the rear portion of the lots should be allowed to place A -frame signs out front, if their door is farther than 10 to 20 feet from the public right -of -way. Mr. Whittenberg questioned the potential for clutter if several business owners placed their Chairperson Deaton stated that the issue of A -frame signs in the public right -of -way should be referred to the Main Street Specific Plan (MSSP) Committee. Commissioner Massa - Lavitt agreed that future discussions would have to take place with Main Street business owners and the community. MOTION by Massa - Lavitt; SECOND by Bello to approve Revisions to the February 2010 Draft Title 11: Zoning as presented in Attachment 1 of the Staff Report dated May 5, 2010. MOTION CARRIED: 4 — 0 — 0 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None MOTION by Bello; SECOND by Massa - Lavitt to approve Revisions to the February 2010 Draft Title 11: Zoning as presented in the Staff Memorandum dated May 5, 2010. MOTION CARRIED: 4 — 0 — 0 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None MOTION by Massa - Lavitt; SECOND by Bello to adopt Resolution 10 -22 recommending approval of Title 11: Zoning and Exhibit A as amended. MOTION CARRIED: 4 — 0 — 0 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None Mr. Flower advised that the Title 11: Zoning will now be forwarded to City Council for consideration and final action, along with final action on Negative Declaration 2010 -1. 7 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 Chairperson Deaton then requested that Item No. 6 be rescheduled for another day. Mr. Flower recommended that this item be continued indefinitely. MOTION by Galbreath; SECOND by Massa - Lavitt to indefinitely continue Planning Commission Training Session — Part II. MOTION CARRIED: 4 — 0 — 0 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None DIRECTOR'S REPORT Mr. Persico provided information on the following items. 1. AB 1234 Ethics Training Session — Monday, May 10, 2010, 4:00 - 6:00 p.m. 2. Building Division Open House — Monday, May 10, 2010, 5:00 — 7:00 p.m. 3. Lane striping to be done before the end of June at intersection of Pansy Street and Guava Avenue in College Park East COMMISSION CONCERNS Commissioner Bello stated she would miss Commissioner Larson. Chairperson Deaton and Commissioner Galbreath agreed that Mr. Larson would be missed. Commissioner Galbreath noted that he would not be present at the Planning Commission meeting of May 19, 2010. Chairperson Deaton recommended cancelling the May 19 meeting. MOTION by Bello; SECOND by Galbreath to cancel the Planning Commission meeting of May 19, 2010. MOTION CARRIED: 4 — 0 — 0 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None ADJOURNMENT Chairperson Deaton adjourned the meeting at 9:31 p.m. to the scheduled meeting of June 2, 2010. 8 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 2 3 4 5 6 7 8 9 10 11 12 Respectfully Submitted, Carmen Alvarez, Executive Assis ant Planning Department APPROVAL The Commission on June 2, 2010, approved the Minutes of the Planning Commission Meeting of Wednesday, May 5, 2010. Ql e . 9of9